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  • LiSEC

Conditions of Competition Participation

1. Subject of the Conditions of Participation and Organiser

(1)         These conditions refer to participation in a competition on the official Facebook page of LiSEC Austria GmbH. The presentation and processing of the respective competition takes place within the framework of the respective competition on the Facebook page of LiSEC Austria GmbH.

(2)         Facebook itself only provides the interface for participation in the competitions and has no other connection with them. The competitions are in no way sponsored, supported or organised by Facebook. Facebook is not available as a contact for questions, suggestions or problems in connection with the competitions. There are no legal claims against Facebook.

(3)         The competitions on the official Facebook page of LiSEC Austria GmbH [@lisecaustriagmbh] are organised and carried out by LiSEC Holding GmbH. The organiser of the competitions and the person responsible for data protection is LiSEC Holding GmbH with its registered office at Peter Lisec Straße 1, 3353 Seitenstetten (hereafter also referred to as "LiSEC", "organiser" or simply "we" or "us").

(4)         By participating in the respective competitions, these conditions of participation are accepted and the participant agrees to the collection, processing and storage of their personal data in accordance with clause 10. By participating in the competitions, the participant also confirms that he/she has had the opportunity to obtain more detailed information on the processing of his/her personal data at https://www.lisec.com/de/meta/datenschutz/.

2. Participation

(1)         Participation in the competitions is voluntary and free of charge and independent of the purchase of any goods or services.

(2)         Eligible participants are natural persons who are aged 18 years or over at the time of participation (hereinafter also referred to as "participants" or "eligible participants"). Minors require the written consent of their legal representative (to be addressed to: LISEC Holding GmbH, Peter-Lisec-Straße 1, 3353 Seitenstetten, or by email to marketing@lisec.com).

(3)         Owners, employees and other staff of the organiser and its affiliated companies as well as other persons involved in the conception and implementation of the respective competitions, as well as persons who cohabit with the aforementioned persons or have a similar residential situation with them, are excluded from participation.

(4)         Entries on behalf of another person will not be accepted.

(5)         Multiple participation is permitted. If the participation in the respective competition is done by commenting, several comments will be evaluated as one single participation.

(8)         The start and end of participation (hereinafter also referred to as "participation period") as well as the description and the procedure of the respective competition will be announced separately on the official Facebook page of LiSEC Austria GmbH for the respective competition.

(9)         If an image, photo, video, commentary or text (hereinafter also referred to as "entry") is to be posted or uploaded by the participant as part of a competition, the participant confirms and guarantees when uploading the entry that:

a) the entry is of his own making, unless he can prove that the author has given his consent to publication in accordance with the terms of the relevant competition, waiving his right of authorship

b) the entry does not contain works of art, unless he can prove that he holds the necessary rights of use for these works of art in accordance with the terms of the relevant competition

c) the entry neither infringes the rights of third parties (such as in particular personal rights, copyrights, trademark rights, licensing rights or property rights) nor violates competition law or other laws and he/she fully owns the necessary rights or he/she was permitted to use the entry by the entitled party for use in accordance with the terms of the respective competition, waiving his/her right to be named as the author

d) the entry, in the case of photographs or videos, does not contain any recognisable persons other than himself, unless he can prove that he has been given permission by such persons to publish it in accordance with the terms of the relevant competition

e) the contribution does not show naked persons, pornographic content, other obscene, immoral or inappropriate depictions or representations of violence; likewise, the contribution does not contain any other content that calls for violent or capricious measures against certain groups of persons or that violates the human dignity of others

g) the contribution does not contain any other potentially criminal content

3. Winnings and notification of winnings

(1)         The respective prizes exist exclusively to the extent specified by LiSEC for the respective prize games.

(2)         The winners shall be determined randomly after the end of the participation period, unless other information has been provided to determine the prize.

(3)         The winner will be informed immediately after the end of the participation period by a comment below the posting or by personal Facebook message. The participant expressly agrees to this form of communication.

(4)         The winner is asked to return to the LiSEC Austria GmbH Facebook page within 2 days in the form of a private Facebook message, stating the required information (full name, address, e-mail address).

(5)         If the winner does not send a message to the LiSEC Austria GmbH Facebook Page within the period of time stated in point 3. paragraph (4), the claim to the prize is forfeited without substitution. In this case we are entitled to carry out a replacement draw.

(6)         The participant bears sole responsibility for the correctness, completeness and usability of the information provided. If the address or e-mail address given is incorrect or invalid, LiSEC is not obliged to search for correct addresses. Any disadvantages resulting from the provision of incorrect contact data are at the expense of the participant.

(7)         Only one prize per participant is possible within the respective participation period.

(8)         The prizes shall be sent once by post to the addresses notified by the winners. The risk is transferred to the respective winner when the prizes are handed over to a transport person and we are not responsible for delivery damage, lost prizes etc. If the winner does not accept the prize within 14 (fourteen) days of receipt of the package notification, the prize will be forfeited without compensation. In this case we are entitled to carry out a replacement draw.

(9)         The prizes are not transferable, nor can they be exchanged or paid out in cash. Lost prizes will not be replaced. Irrespective of the above-mentioned points, there is also no enforceable claim to payment of the prizes.

(10)       LiSEC reserves the right to replace advertised prizes or similar with equivalent alternatives.

(11)       All Internet and transmission costs associated with the respective competitions shall be borne exclusively and in full by the participant.

(12)       LiSEC does not bear the costs or responsibility for any duties and taxes in connection with the prizes received, nor for any costs not included in the prize (e.g.: subsistence or other travel costs). These are the responsibility of the respective winner.

4. Rights of use and exploitation

(1)         The participant grants us the following simple, temporally, spatially and materially unrestricted, transferable and free of charge right of use and exploitation of his contributions:

a) the right to store the contribution on a server

b) the right to reproduce, edit, redesign, distribute or send the contribution

c) the right to make the contribution available to the public in whole or in part via our social media channels and our website, but also in offline media;

d) the right to use the contribution to promote our products and services;

e) the right to use the contribution for editorial or promotional purposes.

(2)         We shall identify the author in a suitable manner when the contribution is used, insofar as this is feasible in consideration of the specific form of use.

5. Exclusions

Any violation of these conditions of participation entitles us to exclude the respective participant from participation in the respective competition, to refuse to hand over the prize or to withdraw and/or reclaim prizes already awarded and then to make a replacement draw. This applies in particular to the use of unauthorised aids or other (even merely attempted) manipulation as well as false or misleading information or the violation of third-party rights by the participant. The same applies to contributions that violate Facebook guidelines, applicable law, our netiquette and/or copyright. Such contributions will be removed immediately after notification without prior notice. The participant is thus excluded from the prize draw.

6. Early termination and amendments

(1)         We reserve the right to suspend the respective competitions at any time without prior notice and compliance with deadlines for a temporary period of time, in whole or in part, or to change their course if it is not possible for technical (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons to ensure the proper implementation of the respective competition. Furthermore, LiSEC expressly reserves the right to update or adapt these conditions of participation at any time if necessary.

(2)         The decision of LiSEC in all matters under its control is final and binding. No correspondence will be entered into.

(3)         No claims of any kind whatsoever against LiSEC arise or will arise for the participant as a result of a temporary suspension or a partial or complete termination or modification of the respective competitions.

(4)         If a premature termination results from the behaviour of a participant or other third parties, we can demand compensation from them for the damage incurred.

7. Liability

The following exclusions and limitations of liability shall apply to any liability of the organiser, notwithstanding any other legal provisions:

(1)         All information is provided without guarantee.

(2) LiSEC is released from all obligations when the respective prizes are handed over.

(3)         We accept no responsibility for any damage, loss, liability, injury or disappointment suffered or incurred by the entrant as a result of participating in the relevant competitions and/or accepting the relevant prize.

(4)         All Internet and transmission costs associated with the respective competitions shall be borne exclusively and in full by the participant. LiSEC assumes no liability for the reimbursement of costs for participants who take part in the respective competitions.

(5)         LiSEC accepts no liability for technical failure or any other reason beyond its control which could impair participation in the respective competitions.

(6)         Furthermore, LiSEC accepts no liability for damage to computers, mobile telephones etc. of the participant or third parties that are related to or result from participation in the respective competitions.

(7)         A guarantee, warranty or liability claim (in particular for a certain quality or value) for the prizes received as well as the services resulting from them is excluded.

(8)         LiSEC accepts no liability for the postings/sharings and the content of personal messages in connection with the use of Facebook.

(9)         LiSEC is not obliged to check the uploaded contributions for potential violations of the rights of third parties or violations of competition law or other laws.

(10)       The participant indemnifies LiSEC from claims of third parties of any kind that result from the illegality of his contribution. This indemnity obligation also includes the obligation to indemnify the organiser from legal defence costs (e.g.: court and lawyer's fees). Furthermore, the participant agrees to support the organiser at all times in a reasonable manner in the defence of such claims. Any further claims for damages of the organiser against the participant remain unaffected.

8. Jurisdiction

(1)         The competitions are subject to Austrian law, excluding the referral standards and the UN Sales Convention. Legal recourse is excluded.

(2)         Unless otherwise provided for by law, the place of jurisdiction shall be the organiser's registered office.

9. Severability clause

Should a provision of these conditions of participation be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In such a case, the organiser and the participant are obliged to cooperate in the creation of provisions which come as close as possible to the economic purpose of the invalid provision. The same shall also apply to loopholes in the regulations.

10. Data protection

(1)         When registering for and participating in the respective competition, the participant agrees to the processing of his/her collected data (this is: name and, in the event of a win, the address and e-mail address) for the purpose of competition processing and drawing by LiSEC in accordance with the conditions of participation and within the framework of the statutory provisions. This includes notification of the contact data provided and delivery of the prizes to the address provided.

(2)         All personal data is processed by LiSEC exclusively internally for the implementation of the respective competition. The data will be treated confidentially and will not be passed on to third parties unless this is necessary for the implementation of the respective competition (e.g.: deliverer). Companies affiliated with the group are also excluded from this if they have been commissioned by LiSEC to carry out the respective competition.

(3)         The participant expressly agrees that his contribution to the respective competition as well as his name in connection with the respective competition, the drawing of lots, the handling or presentation of the participant contributions are published by LiSEC on the official Facebook page of LiSEC Austria GmbH.

(4)         The data will be deleted after the end of the respective competition and will not be further processed or used, unless there are legal obligations to keep records, this is necessary to prevent misuse and to defend any legal claims, this is technically possible and is also otherwise within LiSEC's power.

(5)         LiSEC will only use personal data beyond the purposes of the respective competition if the participant has submitted a separate written declaration of consent. The submission of such a declaration for a more extensive use of personal data is voluntary and is not a prerequisite for participation in a competition.

(6)         The participant may at any time request information about the data stored about him or her, the origin of the data, the recipients and the purpose for which the data is stored. In addition, the participant has the right to correct, restrict, delete and rectify his or her data in accordance with the statutory provisions.

(7)         If any restriction or deletion of personal data requested by the Participant, in particular during the participation period, results in the Participant not being informed of his/her prize or if the prize cannot be delivered or handed over to the Participant, the entitlement to the prize shall lapse without compensation.

(8)         Insofar as the processing is based on the consent of the participant, the right exists to revoke such consent with effect for the future.

(9)         In addition, there is a right of appeal to the supervisory authority. The competent authority in Austria is the data protection authority.

(10)         In all other respects, our data protection declaration applies accordingly and this can be accessed at https://www.lisec.com/de/meta/datenschutz/ .

11. General instructions

(1)            Insofar as personal terms may be used in a gender-specific form in these conditions of participation, this is intended to refer to women and men equally and in the same way.

(2)            No income shall be generated from the respective competitions.

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